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Answer
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Name
Mohammed
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Profession
Question
Would you please give us information about the Iraqi Constitutional Preparatory Committee of which you are a member?
Answer
In 1925, Iraq had a permanent constitution, which was endowed by the monarch. It continued to be valid until 1958, when it was canceled as a result of the 1958 coup d’etat. Iraq has became a republic ever since. The revolution established a temporary constitution for Iraq, a constitution that represented the revolutionists. Other revolutions that took place in Iraq thereafter altered the constitution in their favor, giving legality to their authorities. Since 1958, Iraq has been ruled with temporary constitutions, among which none had legitimacy. However, the governments had no abidance to constitutions. Whenever the constitution crossed the interests of the revolution, it was amended. So constitutions in Iraq equaled the whims and interests of the leaders.
This committee, Iraqi Constitutional Preparatory Committee, has been appointed by the Iraqi Governing Council, which represents the major political powers in Iraq. This committee represents the layers of the Iraqi populace and the active political powers. It has 25 members. Its duty is to design mechanisms for electing members to the constitutional conference. Its second duty is to point out the guidelines on which the new constitution will be based.
Name
arab
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Profession
Question
To what extent do the Americans interfere with the committee's job?
Answer
The Coalition has not interfered with the job of this committee so far. Mr. Bremer's statements imply that the Americans will not interfere in the writing of the constitution. The committee’s job started a month ago and discussed many ideas concerning the mechanism proposed by the members. Six groups have been established among the committee members, visited the Iraqi governorates and met with the populace and constituents to listen to their views. Next week the committee is going to review those ideas and put them before the Governing Council.
Name
Sara
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Profession
Question
What are the most important features of the would-be new Iraqi constitution?
Answer
The new constitution's articles will imply that Iraq is to be democratic, federal, multilateral, respectful of free speech and thought as well as women's rights, and respectful of the Islamic identity of Iraq's majority.
Name
abdoALLAH
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Profession
Question
How do you expect the Iraqis to respond to the committee's constitution, as they might feel that it's a new American trap ...!
Answer
This committee is not writing the constitution - those who are going to write the constitution will be members of a committee that will be elected by the Iraqis, then the constitution will undergo a referendum. I believe that the majority of the Iraqi people will welcome it because it is the only constitution that gurantees their freedom and rights and establishes a legitimate government in Iraq for the first time.
Name
Aram
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Profession
Student
Question
What about the federation for Kurdish people in the future Iraqi constitution?
Answer
There is a unanimous agreement on the principle of federalism for Iraq. Accordingly, the future Iraqi government is going to be federal. The opposition had agreed on this issue in its conferences, i.e. in London, Salahaddin and Nasrya. The Governing Council, moreover, asserted this issue in the third paragraph of its political statement.
Name
vahid
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Profession
Question
What is the role of the sharia law in the constitution?
Answer
As mentioned earlier, the constitution will respect the Islamic identity of the Iraqi people. It will also include an item that would assert that Islam is the formal religion of the Iraqi government, and the Islamic sharia is a major source of jurisdiction.
Name
Noufal
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Profession
Question
We heard that this committee acts in favour of the US? Is this true? If not, how?
Answer
This is not true. The committe is fundamentally, and fully, an Iraqi foundation, appointed by the Iraqi Governing Council whose members are Iraqi. As I mentioned before, we notice no US interference in the job of the committee.
Name
Frank
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Profession
Accountant
Question
Are the people of Iraq free to choose any form of government or does the government need the support of the occupying forces?
Answer
This administration is provisional, interim. After the constitution is framed, free elections will be held to elect an Iraqi government. The Iraqi people will be free during that process.
Iraq may need the support of the UN to monitor and supervise the elections.
Name
Irfana
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Profession
Question
Tell us how could you win the trust of Iraqi people? How could you throw the US and bring UN control in Iraq?
Answer
Firstly, those who are establishing the constitition are representatives of the Iraqi people. Currently, we enjoy the trust of more than 80% of Iraqis. The Americans affirm that they are going to withdraw and hand over the governing of Iraq to the Iraqis as soon as the constitution is framed and an elected government is established. Regarding the UN and other international organizations, they will supervise the elctions upon the request of the current administration, like what took place in other examples such as Kosovo and East Timor.
Name
Subhi
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Profession
JOURNALIST
Question
Will Islam become a reference to the Iraqi constitution? And can USA allow it?
Answer
The constitution is, completely, an Iraqi affair. The Iraqi Governing Council affirmed that the constitution must respect Iraq's Islamic identity. All the oppositon conferences -- like the London Conference where the Americans were prominently present -- asserted in their final declarations that the formal religion of the Iraqi state will be Islam. All the Iraqi constitutions affirmed this point, and so do the constitutions of all Islamic states. The interim Governing Council reassured this issue in its final declaration, 3rd paragraph.
Name
Yasir Iqbal
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Profession
Question
If the majority of the Iraqis are muslim, then why is a solution of a 'western-type democracy' being proposed and not a system upholding the values and beliefs of Muslims such as the Sharia?
You wouldn't feed cat food to humans.
Answer
Democracy is a human invention. It aims at peacefully separating, exchanging and alternating authority. I see that it does not oppose Islam. So, what prevents an elected government from practicing Islamic sharia?
The constitution outlines the organization of the authorities, a framework for the government, and the distribution [separation] of specializations. These are administrative, organizational matters. Islam consideres these matters to be among the changing affairs of Muslims. Sharia organizes the relations among the members of society. This is the realm of the Civil Law and the rest of the branches of the Private Law. Islam does not prohibit us from benefiting from others through making use of others' administrative and organizational experiences as long as they do not contradict the Islamic sharia.
Name
Abu Bakr
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Profession
Question
But there is a difference between sharia as a source of jurisdiction, as u mentioned, and sharia as a code of reference, as a main basis for the constitution. What do u think?
Answer
Constitutions have sources. Religion is one of them: it is the major and most important source, but not the only one. The Quran is superior to constitution. The Quran is fixed, not subject to alteration or amendments, but all constitutions are. Other sources of constitution might be customs, citing other constitutions, etc. Many of the sharia rules don't belong to the field of the constitution. For examples, penalties are in the framework of Penalty Legislation, not the constitution. The shari rulings that can be included in the constitution are those related to the authority and how it is to be practiced, because the regulations of the constitution address only the rulers, not individuals.
Name
Maxine
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Profession
Retail/Marketing
Question
Dear Sir, Salaam Aleikum, please excuse me if I am very ignorant, but from what I read in the US press, the Kurds in northern Iraq have developed a stable and successful society - Are Kurds able to influence the US appointed council regarding a new constituion? Do you advocate Sharia law, and, if so, as I am a Christian, will freedom of religion be allowed? I wish we in America had better understanding; many of us are very concerned that a good life be quickly established for the Iraqi people. Our press tells us it is a disaster in Iraq now - is that true? Thank you.
Answer
Thank you for your feelings.
Definitely, the Kurds can have inluence in the future of Iraq. The Kurdish example can be a model followed by the rest of Iraq.
Islam and the constitution ensure the free practice of other religions. Freedom of religion is mentioed in the political declaration of the Iraqi Governing Council. Furthermore, the constitution will assure respect for the rights stated in the 1948 Universal Declaration of Human Rights and the two international conventions regarding various human rights.
As for the second part of your question, Iraq is currently not under very good circumstances but it is certainly not a disaster as your press suggests. Besides, we observe radical develepments in the security issue on a daily basis. Freedom is second to nothing.
Name
Ron
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Profession
Physicist
Question
I assume that the new government will be a member of the UN. As such, will it accept the UN's Universal Declaration of Human Rights, including freedom of religion (Article 18)? Will the death penalty be imposed on anyone who converts from Islam as is called for in Shariaa law? That is something we Ameicans find appalling and we hope the people of Iraq will be able to choose how to worship God. Thank you.
Answer
Getting involved in setting the details of the constitution is not among our committee's duties. So I hope that the questions of the participants will be about the duties we are responsible for -- preparing a mechanism to hold a conference which will write the constitution. I think that the new Iraqi constitution will include articles that would stipulate respect for the Universal Declaration of Human Rights.
As for apostasy, there are views in the Fiqh (Islamic Jurisprudence) that state that death penalty to those who abandon Islam is not due to leaving Islam per se but it's basically for those who fight against the Islamic state. (And this issue is not my field of specailization.)
Name
bashar
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Profession
student
Question
Now that you have been reliefed from the barbaric regime, will you invest in the great apportunity you are offered to build a free democratic Iraq and put ISLAM which rejects human rights aside, will you have the courage to tell your people that no democracy can be sustained in the presence of ISLAM?
Answer
Democracy, as we understand it, entails that the people should govern themselves, without anyone being able to impose anything on them. If this is democracy as you see it, then we will have to respect the choice of the Iraqi people.
You should not base your understanding of Islam on its mistaken practices. It is Islam that taught humanity the meaning of freedom. It was the second Khalifa of Muslims who said to his delegate in Egypt, when his son assaulted a Christian, "Since when have we enslaved the people who were born free?" It is verily Islam which announced the freedom of belief and religion as mentioned in the Quran - this was when other religions did not even allow different schools of their own religion to coexist.
Currently, there are believers in many other religions among the members of our societies, and among the original citizens of Muslim countries. Omar Ibn El-khattab, the second Khalifah, ruled the Islamic State after which Islam ruled for around 14 centuries. This proves that Islam has given room for freedom of religion and belief. Look at some other countries where believers in other religions are considered immigrants.
We belive in democracy, and yield to the voice of the majority of our people. In our perspective, our religious beliefs do not contradict our aim of building a free, democratic Iraq.
